King v. King, et al.

Filing 11

FINDINGS and RECOMMENDATIONS recommending that this Action be DISMISSED, With Prejudice, Based on Plaintiff's Failure to State a Claim re 1 Prisoner Civil Rights Complaint signed by Magistrate Judge Stanley A. Boone on 4/16/2015. Referred to Judge Ishii. Objections to F&R due within thirty (30) days. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIAM KING,

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Plaintiff,

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v.
ANDREY KING, et al.,

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Defendants.

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Case No.: 1:4-cv-02041-AWI-SAB (PC)
FINDINGS AND RECOMMENDATION
RECOMMENDING DISMISSAL OF ACTION
FOR FAILURE TO STATE A COGNIZABLE
CLAIM FOR RELIEF
[ECF No. 9]

Plaintiff William King is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. Individuals detained pursuant to California Welfare and Institutions

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Code § 6600 et seq. are civil detainees and are not prisoners within the meaning of the Prison

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Litigation Reform Act. Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir. 2000).

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On February 27, 2015, the Court dismissed Plaintiff’s complaint for failure to state a claim

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under section 1983 and ordered Plaintiff to file an amended complaint within thirty days. 28 U.S.C. §

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1915A; 28 U.S.C. § 1915(e). More than thirty days have passed and Plaintiff has not complied with or

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otherwise responded to the Court’s order. As a result, there is no pleading on file which sets forth any

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claims upon which relief may be granted.

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Accordingly, it is HEREBY RECOMMENDED that this action be DISMISSED, with

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prejudice, based on Plaintiff’s failure to state a claim upon which relief may be granted under section

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1983.
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This Findings and Recommendation will be submitted to the United States District Judge
assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within thirty (30) days
after being served with this Findings and Recommendation, Plaintiff may file written objections with
the Court.

The document should be captioned “Objections to Magistrate Judge’s Findings and

Recommendation.” Plaintiff is advised that failure to file objections within the specified time may
result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014)
(citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).

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IT IS SO ORDERED.
Dated:

April 16, 2015
UNITED STATES MAGISTRATE JUDGE

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